Protect Yourself. Talk to a Lawyer About Your Case
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
What are aggravating circumstances in a DUI case?
Question:
I was arrested for a DUI, and my BAC was pretty high. Is this something that would count as an aggravating circumstance?
This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .
click here to have an attorney review your case .
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
To aggravate means to make something worse. In DUI cases, aggravating circumstances are details that lead to a court to conclude that a person not only broke the law, but that he did so heinously. These judgments are not made by individual judges. They are outlined in state laws.
If an aggravated circumstance exists in a DUI case, the law also generally outlines harsher punishments. Some laws will require a court to impose a stricter sentence. This can result in a person being incarcerated when he otherwise wouldn't be. For example, in California, first time DUI offenders do not face a risk of jail, unless there is an aggravated circumstance, such as getting involved in an accident.
Aggravated circumstances vary throughout the states. These can be divided into three major categories. Some circumstances qualify as aggravating because they show excessive disregard for the law. These include being charged with DUI while underage, while on probation for another DUI or while driving on a suspended license.
Safety is always a concern in DUI cases, but many aggravating circumstances involve a person taking extreme safety risks. These include being charged with a DUI while driving with a minor, while having an extremely high BAC or while speeding excessively. Then there is the category of aggravated circumstances involving an event that results from the DUI, such as hit and run or property damage.
If you have been charged with a DUI and you know or suspect that an aggravated circumstance is involved, do not try to represent yourself in court. You need an experienced drunk driving attorney by your side.
References: